California Coastal Commission v. United States Department of the Navy
Opinion
Lead Opinion
Miller, J.
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
Plaintiff California Coastal Commission (“CCC”) moves for summary judgment on its claim that the Federal Defendants’ decision not to conduct a supplemental consistency determination under the Coastal Zone Management Act (“CZMA”), 16 U.S.C. § 1451 et seq., is arbitrary and capricious under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701-706 . The United States Department of the Navy (“Navy”) and Secretary of the Navy Ray Mabus, in his official capacity, (collectively “Federal Defendants”)- oppose the motion as does Defendant Manchester Pacific Gateway LLC (“Manchester”). All Defendants separately move for summary judgment. Having carefully considered the Administrative Record, pertinent legal authorities, the arguments of counsel and for the reasons below, the court denies CCC’s motion for summary judgment on all claims and grants Defendants’ motion for summary judgment on all claims. The Clerk of Court is instructed to enter judgment appropriately and to close the file.